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Problems mount for documents forger

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A HARARE magistrate yesterday ordered the State to cross-examine, in a court, a man who is accused of using fake documents to apply for a Zimbabwean passport rather than submit a written response of the application of referral to the Constitutional Court (ConCourt) filed by the accused.

A HARARE magistrate yesterday ordered the State to cross-examine, in a court, a man who is accused of using fake documents to apply for a Zimbabwean passport rather than submit a written response of the application of referral to the Constitutional Court (ConCourt) filed by the accused.

BY DESMOND CHINGARANDE

Steven Paul Sudgen (41) had his application for discharge recently dismissed by magistrate, Tendai Mahwe, who is now based in Mutare, saying the suspect had to stand trial.

In response to Mahwe’s ruling, Sudgen filed a High Court order for the case’s review after the defence lawyer queried the outcome of the matter.

The High Court then ordered the State to open its case against the suspect. In a turn of events, the defence lawyer, Admire Rubaya made an application to have the matter heard at the ConCourt, saying the accused person’s rights were infringed.

However, Mahwe ordered the matter to go ahead today despite State’s intention to file a written response on the application of referral to the ConCourt by the suspect.

Mahwe said the written response on the application for referral to the ConCourt was not necessary, as it will take long and ordered the State to respond by cross-examining Sudgen today.

Rubaya’s efforts to have the matter moved to next Friday hit a snag. He had said Advocate Thabani Mpofu, who is also representing Sudgen, was a Seventh Day Adventist and could not work on the day.

Rubaya said it is a constitutional right for the accused to be represented and Mpofu’s right of worship as enshrined in the Constitution.

But Mahwe ruled that the fact that Saturday was a court day, he found no reason not to attend to the matter.

Sudgen has filed many applications to have the matter postponed, saying he was too ill to stand trial and was also issued an order to have him examined by Zimbabwe Prisons and Correctional Services doctors to ascertain his condition.

The doctors certified Sudgen as fit to stand trial, but Rubaya requested another examination, which was carried out in his presence.

The State was arguing that Sudgen was faking illness to stall the proceedings. At that time the medical report produced in court had indicated that he suffered from hypertension and was stable.

Prosecutor, Fransisca Mukumbiri alleged that sometime in April 2012, Sudgen applied for a passport at the Registrar-General’s Office in Bindura using a fake birth certificate entry number.

Sudgen also allegedly used a fake national identity card. It is alleged, subsequently, the Registrar-General’s Office issued him with a passport, which is valid through to 2022.

Using the same fake documents, sometime in December 2012, Sudgen allegedly applied for another passport in Chinhoyi.

Investigations revealed that both the birth entry number and the identity card used belonged to other people. Oscar Madhume, who stood in for Mukumbiri, appeared for the State.